REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, TIRUCHIRAPALLI Vs. S.VIJAYAKUMAR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Regional Passport Officer Regional Passport Office, Tiruchirapalli
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N.KANNADASAN, J. -
(1.) When the matter came up on earlier occasion an order was passed
stating as follows:
The matter stands adjourned finally to enable the petitioner to report as to whether a regular appeal is filed against the order passed by the District Forum in CC.42/2007. If no regular appeal is filed already or within a reasonable time, the above petition will be disposed off on merits.
Subsequently, when the matter came up on 8.9.2008 there was no
representation on behalf of the petitioner. Even today there was no
representation on behalf of the petitioner.
(2.) The above Revision Petition is filed by raising the following grounds
on the part of the petitioner
The District Forum ought not to have passed orders on the Execution
Petition, in view of the fact that regular appeal passed as against the
District Forum is pending before the State Commission.
Further ground raised to the effect that eventhough the fact of pendency
of appeal was brought to the knowledge of the District Forum, the
impugned order dt. 27.6.2008 in E.P.No.6/2008 ought not to have been
(3.) The District Forum proceeded with the matter by observing that in the
absence of any order of stay is obtained, there is no impediment to
proceed with the matter. In this connection, it is useful to refer to the
judgment of the Honble Supreme Court, reported in II (2004) CPJ 12
(SC) in Gaziabad Development Authority Vs. Balbir Singh, wherein it is
observed that unless stay is obtained from higher Forum, mere fact of
filing an appeal / revision, will not entitle the authority not to comply
with the order of the Forum.;
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